On Tuesday, September 2nd, the Court of Appeals for the Fourth Circuit ruled in favor of Mr. Ozurumba, allowing him to present his asylum claims. Mr. Ozurumba fled Nigeria because of persecution by the Unknown Gunmen, a terrorist group that had held him captive and forced him to work as a cook at their camp. Yet, his forced labor for this group was the very thing that the agency said barred him from receiving asylum due to a very broad reading of the “material support bar.” 

This decision is an important win because it significantly narrows the way the government can apply the “material support bar,” which previously blocked many innocent people from receiving asylum based on minor actions.

The “material support bar” explained: The “material support” bar prevents people from coming to the United States to reunite with family, causes people to be deported from the United States, and prohibits people from finding safety in the form of asylum where they have aided a terrorist group. For many years, the government interpreted this bar extremely broadly, finding that it applied to even very minimal actions such as unknowingly providing food or medicine to a person who belongs to a terrorist organization

Why this win matters: On Tuesday, the Court of Appeals for the Fourth Circuit agreed that the term “material support” does not mean any support whatsoever. Instead, the court decided that “material support” is help that is sufficiently substantial standing alone to help the terrorist group accomplish their terrorist activities. In Mr. Ozurumba’s case, the court concluded that cooking meals for a terrorist group while being held captive does not count as material support.

Future exceptions: Amica Center and pro bono attorneys from Covington & Burling also argued that the material support bar should not apply to people who were forced to provide support against their will. Although the court didn’t decide this issue in this case, the decision leaves open the possibility that in the future the court will find that there is such an exception.

What’s next? We are thrilled for Mr. Ozurumba, who will now have the chance to present his asylum claims. This decision is also great news for other asylum seekers who will no longer be barred from seeking protection due to minor actions.